After an 18-wheeler attempted to pass another semi without verifying that there were no oncoming hazards, he smashed into a pick-up truck and killed the driver on impact. Drew Mouton, Esq., needed visual leverage heading into mediation that would show this horrific tragedy while magnifying how easily it could have been avoided.
When liability is both obvious and egregious, the best strategy for the Defendant is usually to admit fault, downplay as many damaging facts as possible, and settle. That’s because if a jury were to decide the punishment, indisputably gross negligence could expose the Defendant to extra punitive damages.
The best strategy for the Plaintiff in this situation is to maximize leverage heading into mediation by emphasizing the magnitude of gross negligence exhibited by the Defendant. When you can show that a horrific disaster was easily avoidable, your audience will understand and believe with more conviction that the Defendant’s reckless conduct must be punished.
In mediation, emphasizing this reckless liability shows the Defense how vulnerable the Defendant is to facing punitive damages if the case were to go in front of a jury. It also encourages the Defense to pay more in compensation to make sure that doesn’t happen. The following visual presentation helped maximize the value of Mr. Mouton’s confidential settlement.
EXHIBIT A: ANIMATED AERIAL PERSPECTIVE
The first animation shows the incident from an aerial, tracking perspective, where viewers can follow the Defendant’s decision-making while being able to also observe the positions of all other vehicles involved. The two water transportation trucks ahead of the Defendant slow down as the lead semi turns right. The Defendant passes the two vehicles without considering the Plaintiff’s pickup approaching from the opposite direction.
Both vehicles attempt last-second evasive maneuvers to the side of the road before the Defendant smashes into the Plaintiff and kills him. The animation stops at impact and fades to photography of the destruction (not included in this example).
EXHIBIT B: ANIMATED CHASE PERSPECTIVE
After establishing what happened from an aerial perspective, the next animation shows the collision as observed from a camera following from behind the Defendant. From this dramatic vantage point, viewers can see the Plaintiff’s truck approaching moments before the Defendant decides to veer into oncoming traffic.
All of the vehicles’ movements - including the suspension of the Defendant’s 18-wheeler - is accurately based on simulation data collected from the vehicles and on-site inspections. The vehicles were recreated by 3D scanning replicas of the exact models involved in the incident. The environment was also based on measurements gathered from geological surveys and on-site inspections.
EXHIBIT C: ANIMATED POV PERSPECTIVE
The final animation put mediators inside the perspective of the Defendant to show how clearly he should have been able to see the approaching Plaintiff with plenty of time to avoid the collision. POV animations are effective at allowing viewers to evaluate gross negligence first-hand.
High Impact’s team of visual strategists, artists and developers can build and customize your digital presentation for any case involving personal injury, medical malpractice, birth trauma - or any subject involving complex information.